Obligation-Conflict Resolution

Case 82-2 (1982) · Confidentiality of Engineering Report

Case Precedents

How this case resolved it competition structure in OntServe

Engineer A Client Confidentiality Duty prevails over Engineer A Faithful Agent Duty

the two obligations are in tension (competesWith)

this resolution as a triple in OntServe

the yielding obligation gives way only under (defeasibleUnder):

Engineer A Good Faith Assumption
Report Copy Sent to Realty Firm

Open tensions recorded without a resolution: Engineer A Client Confidentiality Duty vs Engineer A Report Confidentiality Duty

What the board concluded

From the Board's conclusions in Case 82-2:

Engineer A acted unethically in submitting a copy of the home inspection to the real estate firm representing the owners.

Recorded violations: Unauthorized Report Disclosure violates Engineer A Client Confidentiality Duty Unauthorized Report Disclosure violates Engineer A Report Confidentiality Duty

How comparable cases resolved this and related tensions

Read at the type level, this resolution is: Faithful Agent Obligation yields to Confidentiality Obligation. Comparison across cases happens at this level; the duty types recur while each case's obligations instantiate them. Cases below are grouped by how much of that pairing they share. A duty type that yields here may prevail elsewhere, which is the context-dependence itself, not an inconsistency.

Same tension: both duty types match, so the board ruled on this exact pairing. Related tension: only one duty type matches; the other duty differs, so these show how a type behaves elsewhere rather than a ruling on this pairing.

Case	Prevailing type	Yielding type	Relation to this case
Same tension: both duty types match (1)
93-3 Appropriate Notification And Review Of...	Faithful Agent Obligation	Peer Review Cooperation Obligation	Same tension, resolved the opposite way
Related tension: one duty type matches (18)
24-5 Sustainable Development and Resilient...	Faithful Agent Obligation	Professional Accountability Obligation	The yielding type here prevails there
97-13 Duty To Report Unrelated Information...	Faithful Agent Obligation	Safety Obligation	The yielding type here prevails there
08-10 Public Welfare—Design of Medical Equipment	Faithful Agent Obligation	Reporting Obligation	The yielding type here prevails there
85-4 Objectivity of Engineer Retained as Expert	Faithful Agent Obligation	Objectivity Obligation	The yielding type here prevails there
89-7 Duty To Report Safety Violations	Safety Obligation	Confidentiality Obligation	The prevailing type here yields there
89-7 Duty To Report Safety Violations	Reporting Obligation	Confidentiality Obligation	The prevailing type here yields there
90-5 Failure To Report Information Affecting...	Reporting Obligation	Confidentiality Obligation	The prevailing type here yields there
90-5 Failure To Report Information Affecting...	Safety Obligation	Confidentiality Obligation	The prevailing type here yields there
96-8 Peer Review - Confidentiality Agreements	Reporting Obligation	Confidentiality Obligation	The prevailing type here yields there
96-8 Peer Review - Confidentiality Agreements	Safety Obligation	Confidentiality Obligation	The prevailing type here yields there
24-1 Balancing Client Directives and Public...	Safety Obligation	Faithful Agent Obligation	The yielding type here also yields there, to a different duty
22-2 Sharing As-Built Drawings	Disclosure Obligation	Faithful Agent Obligation	The yielding type here also yields there, to a different duty
76-4 Public Welfare - Knowledge of Information...	Safety Obligation	Faithful Agent Obligation	The yielding type here also yields there, to a different duty
76-4 Public Welfare - Knowledge of Information...	Reporting Obligation	Faithful Agent Obligation	The yielding type here also yields there, to a different duty
89-7 Duty To Report Safety Violations	Safety Obligation	Faithful Agent Obligation	The yielding type here also yields there, to a different duty
89-7 Duty To Report Safety Violations	Reporting Obligation	Faithful Agent Obligation	The yielding type here also yields there, to a different duty
88-6 Whistleblowing - City Engineer	Safety Withdrawal and Notification Obligation	Faithful Agent Obligation	The yielding type here also yields there, to a different duty
92-6 Public Welfare - Hazardous Waste	Safety Obligation	Faithful Agent Obligation	The yielding type here also yields there, to a different duty

Closest instance-level matches, ranked on the specific obligations and contexts of this case:

Case	Obligation that prevailed	Yielding obligation	Context (defeasibleUnder)
88-6 Whistleblowing - City Engineer	Engineer A Proper Authority Reporting Duty	Engineer A Faithful Agent Duty	Loyalty Versus Public Protection Conflict
89-7 Duty To Report Safety Violations	Engineer A Authority Notification Duty	Engineer A Faithful Agent Duty	Code Exception Disclosure Release
76-4 Public Welfare - Knowledge of Information...	Engineer Doe Authority Reporting Duty	Engineer Doe Faithful Agent Duty	No Written Report Directive
22-2 Sharing As-Built Drawings	Engineer D Formal Sharing Channel Duty	Engineer D Faithful Agent Duty	Informal As-Built Sharing Impropriety Appearance; Pre-Bid Selective Sharing Award Risk
92-6 Public Welfare - Hazardous Waste	Engineer B Paramount Public Welfare Duty	Engineer B Faithful Agent Duty	Client Business Relationship Conflict